SAN FRANCISCO / City attorney sets deadline for supervisor / He wants proof Ed Jew lives in Sunset house he claimed in race for District 4 seat

Cecilia M. Vega, Wyatt Buchanan, Chronicle Staff Writers

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4:00 am PDT, Thursday, May 24, 2007

SUPERVISORS_038_LH_.JPG SF supervisor Ed Jew who is being investigated by the FBI. He is at the san Francisco Board of Supervisors meeting. Liz Hafalia/The Chronicle/San Francisco/5/23/07
**Ed Jew cq �2007, San Francisco Chronicle/ Liz Hafalia
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SUPERVISORS_038_LH_.JPG SF supervisor Ed Jew who is being investigated by the FBI. He is at the san Francisco Board of Supervisors meeting. Liz Hafalia/The Chronicle/San Francisco/5/23/07
**Ed Jew cq �2007, ... more

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SUPERVISORS_038_LH_.JPG SF supervisor Ed Jew who is being investigated by the FBI. He is at the san Francisco Board of Supervisors meeting. Liz Hafalia/The Chronicle/San Francisco/5/23/07
**Ed Jew cq �2007, San Francisco Chronicle/ Liz Hafalia
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SUPERVISORS_038_LH_.JPG SF supervisor Ed Jew who is being investigated by the FBI. He is at the san Francisco Board of Supervisors meeting. Liz Hafalia/The Chronicle/San Francisco/5/23/07
**Ed Jew cq �2007, ... more

Photo: Liz Hafalia

SAN FRANCISCO / City attorney sets deadline for supervisor / He wants proof Ed Jew lives in Sunset house he claimed in race for District 4 seat

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San Francisco City Attorney Dennis Herrera gave Supervisor Ed Jew five days on Wednesday to prove that he actually lives in the westside district he represents -- the same day the lawmaker who is the subject of an FBI investigation flew to China for a vacation.

Questions about whether the District 4 supervisor meets the city's residency requirements to hold his board seat surfaced last week after federal investigators raided his City Hall office, his homes in the Sunset District and Burlingame, and his Chinatown flower shop.

Neighbors of a house on 28th Avenue that Jew claims as his primary residence have said the property has been vacant for years, and utility records show there has been little to no water use since he claimed to have moved into the home prior to running for office last year.

On Wednesday, Herrera sent a letter to Jew requesting copies of documents that would prove he lives in the modest house in the 2400 block of 28th Avenue, including his tax returns, driver's license, vehicle registration and electricity bills.

"As you know, significant questions have arisen regarding whether you have remained a resident of District Four during your incumbency," Herrera and Deputy City Attorney Chad Jacobs wrote.

"It is in the public interest to resolve these questions as quickly as possible," the letter said.

Jew's aides immediately requested the deadline be postponed until June 8, because Jew will be out of the country when the documents are due on Tuesday.

The supervisor boarded a 1 a.m. flight to Hong Kong on Wednesday and is slated to return in time for the next Board of Supervisors meeting on June 5, said his legislative aide, Barbara Meskunas.

"He had this planned a long time ago," Meskunas said, indicating the travel had nothing to do with the federal criminal investigation or the city probe into his residency but rather was due to a break in board meetings after the Memorial Day holiday. She showed a reporter a receipt from a travel agency showing that tickets for the trip were purchased May 1.

The FBI investigation is focusing a $40,000 cash payment Jew said he received from businessmen in his district who were having problems with the city permitting process.

Jew said the owners of Quickly tapioca drink shops approached him for help and that the money was intended for a consultant he recommended to them, but a company representative said Jew approached the businessmen and offered his assistance in exchange for cash.

Jew is traveling with six other people, including family members, an aide from his City Hall office and his accountant and friend Calvin Louie. Jew's attorney, Steven Gruel, said Wednesday that he insisted his client keep his plans to leave town, even though Jew had expressed a concern that it might look bad.

"There was no reason not to," Gruel said. "I was concerned that he wants to explain himself (to the media) and that's human nature. But you don't do that until we get this all worked out."

Gruel said Jew told FBI investigators during their City Hall raid that he had the trip to China planned, and that authorities did not object. The lawyer said he also left two messages with federal agents telling them of Jew's travel plans.

The timing of Jew's trip amid the growing scandal drew criticism from some in City Hall. A day earlier some board members delivered public rebukes of their newest colleague, who was elected in November.

"Given the events of the last few days, and the fact that he's offered no public explanation for his departure, this is rather shocking," Board President Aaron Peskin said.

Peskin said he learned this weekend that Jew had airline tickets to China and that he expressed concern to city officials that Jew was a flight risk.

City Attorney's spokesman Matt Dorsey said the issue of flight risk "is an appropriate concern for federal law enforcement. It's simply not relevant to the duties of the city attorney, who's not a criminal prosecutor."

If Jew does not comply with the city attorney's request for information about his residency, the office is expected to subpoena him.

"If we do not receive this information from you by the deadline ... we will be compelled to seek to obtain it by other means," the letter said.

In a separate letter to Jew on Wednesday, Herrera refused a request made by the supervisor for an investigation into how The Chronicle obtained information about water usage at Jew's 28th Avenue home.

In Jew's written request for the water usage investigation, he referred to the Sunset District home as "my father's house ... where I reside."

On Wednesday afternoon, some of Jew's constituents in District 4 said they would stand by the supervisor, or at least will wait for more evidence before making a judgment.

Sam Kaleh, who owns Lucca Foods & Wine Shop on Irving Street, said Jew has followed through on campaign promises to support businesses and has helped clean up graffiti along that street's business corridor. Kaleh said the recent scandal has not changed his opinion of Jew.

"I like him as a person," said Kaleh, who is a member of Outer Sunset Merchants Association board of directors. He said the merchants were stunned by the news of the FBI raid.

"If he needs support, we will support him," Kaleh said.

Phil Surks who is a part owner of It's About Time jewelry shop, said he was still waiting to form an opinion.

"I can't judge him," Surks said. "Nobody can judge him until the facts tell what he did."